Partly allowed

Sri M Manjunath v. Sri Ramachandiran S

Karnataka HC17 Dec 2021MFA/239/2014

Case brief

AI extract

What is this about?

High Court enhanced motor accident compensation from Rs. 3,07,400 to Rs. 3,93,200, increasing heads for pain, attendant, conveyance, and future earnings due to 10% disability.

What did the court decide?

Total compensation enhanced to Rs. 3,93,200 with interest at 6% p.a.; insurance company ordered to deposit within six weeks.

What the court decided

Sri M Manjunath Vs Sri Ramachandiran S — Motor Accident Claims | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 17^TH DAY OF DECEMBER 2021 BEFORE

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THE HON'BLE MR.JUSTICE P.N.DESAI

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M.F.A. NO.239 OF 2014 (MV)

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BETWEEN:

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Sri. M. MANJUNATH S/O MUNIRAJAPPA, AGED ABOUT 20 YEARS, R/AT NO.265, GUNJURPALYA, BANGALORE-560087. ...APPELLANT

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(BY SRI MUJTABA, ADVOCATE) AND:

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SRI. RAMACHANDIRAN S, S/O SUNDARAM, AGE MAJOR, NO.345, 21^ST WARD, V.O.C.Nagar, SATHUVACHARI, VELLORE-6320009.

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UNITED INDIA INSURANCE CO.LTD., REGIONAL OFFICE, KRISHI BHAVAN BUILDING, 5^TH FLOOR, HUDSON CIRCLE, BANGALORE-560001. …RESPONDENTS

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(BY SRI.RAVISH BENNI, ADVOCATE FOR R2; V/O/DTD:11.04.2017 NOTICE TO R1 DISPENSED WITH)

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THIS MISCELLANEOUS FIRST APPEAL IS FILED UNDER SECTION 173(1) OF THE MOTOR VEHICLES ACT, AGAINST THE JUDGMENT AND AWARD DATED: 25.09.2013 PASSED IN MVC NO.2715/2012 ON THE FILE OF THE XX ADDITIONAL C.M.M., MEMBER, MACT, BANGALORE (SCCH22) PARTLY ALLOWING THE CLAIM PETITION FOR COMPENSATION AND SEEKING ENHANCEMENT OF COMPENSATION.

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THIS APPEAL COMING ON FOR ADMISSION THIS DAY, THE COURT DELIVERED THE FOLLOWING:

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JUDGMENT

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This appeal is filed by the petitioner challenging the judgment and award dated 25.09.2013, passed by the Motor Accident Claims Tribunal, XX Addl. Small Causes Judge, Bangalore (for short hereinafter referred to as ‘Tribunal’), in MVC No.2715/2012, wherein the claim petition came to be allowed in part by awarding compensation of Rs.3,07,400/- with interest at 6% p.a.

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The appellant/claimant filed a claim petition before the tribunal, claiming compensation for the injuries sustained by him in road traffic accident which occurred on 24.03.2012.

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Brief case of the petitioner/claimant before the tribunal is that on 24.03.2012 at about 2.30 p.m., when the claimant was traveling as a passenger in Auto bearing Reg. No.TN-23-AK-9680 along with other passengers, the driver of the said Auto lost control and dashed against the stationary lorry bearing Reg.No.TN45-CO-577 from the rear side, due to which, the

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petitioner and other passengers traveling in the said auto sustained injuries. Immediately, the petitioner was shifted to the Government Hospital, Vellore for first aid. Thereafter, he was admitted to Yashomathi Hospital as an in-patient. Hence, he filed a claim petition before the tribunal, claiming compensation for a sum of Rs.15,00,000/- with 12% interest per annum from the date of petition till realization.

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After service of notice, the 1^st respondent remained absent and he was placed exparte. The 2^nd respondent-insurance company appeared through its counsel and filed its statement of objections denying, the contents of the petition. It is also contended that there was a violation of terms and conditions of the policy as such, insurance company is not liable to pay the compensation. However, it is admitted that the policy of the said auto was in-force as on the date of accident. With these main contentions, prayed to dismiss the petition.

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After considering the pleadings and

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contentions of the parties, the tribunal framed the following issues:

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“1. Whether the petitioner proves that on 24.03.2012 at about 2.30 a.m., when the petitioner was traveling in Auto bearing No.TN-23-AK-9680 at Kadpadi to Vellore Road, opposite to Vasan Eye Hospital, the driver of it was driving in a rash and negligent manner and dashed against the stationed lorry bearing No.TN-05-C-0577 and due to the accident, he sustained injuries due to the actionable negligence on the part of the driver of the Auto bearing No.TN-23-AK-9680?

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2. Whether the petitioner is entitled for compensation as prayed?

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3. What order or award?"

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Before the tribunal, the claimant himself got

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examined as PW.1 and also got examined doctor as PW2, and got marked 21 documents as Ex.P1 to P21 consisting of copy of FIR, copy of English Translation of

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Ex.P1, copy of spot mahazar and copy of translation of Ex.P3, copy of rough sketch, copy of translation of Ex.P5, copies of MVA Reports, copy of charge sheet, copy of translation of Ex.P9, copy of wound certificate, copy of MLC intimation, copy of discharge summary, medical bills, two advance bills, 12 prescriptions, x- rays, CT-Scan and MRI Films, voter ID, IP Records. On behalf of respondents' side, no evidence is adduced.

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After hearing the arguments, the tribunal awarded compensation of Rs.3,07,400/- with interest at the rate of 6% per annum. Being not satisfied with the quantum of compensation, the petitioner/claimant has preferred this appeal.

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Heard Sri.Mujtaba, learned counsel for the appellant, Sri. Ravish Benni, learned counsel for respondent No.2. Issuance of notice to respondent No.1 is dispensed with vide order dated 11.04.2017.

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Learned counsel for the appellant has argued that the tribunal has not properly appreciated the evidence and not awarded compensation under

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various heads and what is awarded is on the lower side. The tribunal has erred in not awarding proper compensation under the head pain and sufferings, loss of amenities, loss of future earning due to disability. The tribunal has taken notional income which is also on lower side. Therefore, the learned counsel argued to modify the compensation awarded by the tribunal and prays for enhancement of compensation.

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Against this, learned counsel for the insurance company supported the impugned judgment and award. Hence, prayed to justify the compensation awarded by the tribunal.

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I have perused the appeal memo, impugned judgment and award passed by the tribunal and also records placed before this Court.

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The finding of the tribunal that the accident

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was occurred on account of rash and negligent driving of the offending vehicle is proved and the liability of insurance company is not challenged. Regarding quantum of compensation, the appellant has filed this

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appeal. Ex.P11 is the wound certificate which shows that claimant has suffered small intracerebral bleeding mid brains, fracture of left zygomatic complex including left zygomatic arch, oblique fracture of left maxilla and fracture of left mandibular condyle and right mandible body. It is evident that the petitioner admitted in the hospital from 25.03.2012 to 28.03.2012 and he has also taken first aid treatment at Government Hospital, Vellore on 24.03.2012. The tribunal after considering the nature of injury, awarded sum of Rs.30,000/towards pain and suffering. Looking into the nature of injuries and number of injuries, the amount awarded under the head pain and suffering appears to be on the lower side. Hence, the same is enhanced to Rs.40,000/instead of Rs.30,000/- awarded by the tribunal.

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It is evident that the petitioner was admitted to the hospital as an impatient for a period of five days, thereafter, he took treatment at Vellore hospital on 24.03.2012. After considering the nature of injury, it is manifest that he requires some rest and he needs to be attended by some attendant and he

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requires proper food and nutrition during that time. The petitioner is entitled for Rs.5,000/- under the head attendant charges against Rs.625/- awarded by the tribunal and Rs.5,000/- under the head conveyance & nourishment expenses as against Rs.750/- awarded by the tribunal.

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Regarding loss of income during laid up period, it is stated that, the petitioner was working as a collie and doing centering work. The tribunal has taken income of the injured at the rate of Rs.4,500/notionally. The accident occurred in the year 2012. Therefore, in the absence of records, notional income to be taken where there is no proof of income, in the Lokadalath chart which is usually considered for awarding compensation in MVC cases in Lok-Adalath, for the year 2012, a sum of Rs.7,000/- is taken as notional income. Therefore, the same is taken as notional income of the petitioner. The appropriate multiplier applicable to the petitioner's aged group is 18. The disability to the whole body is taken at 10% Then, the loss of income due to disability would be Rs.1,51,200/-(7,000X12X18X10%).

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Hence, the said sum is awarded towards loss of future earning as against Rs.97,200/- awarded by the tribunal.

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The tribunal has awarded Rs.750/- under the head loss of income during laid period. It is evident from nature of injury that the petitioner could not have attended his work for a period of two months in view of the fracture, the claimant is entitled for Rs.14,000/under the head loss of income during laid up period as against Rs.750/- awarded by the tribunal. The compensation awarded under the other heads are just and proper and the same is unaltered.

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In the result, considering the nature of injuries, evidence of the appellant, the compensation awarded by the tribunal need to be re-judged and recalculated under the different heads of compensation as under:

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Sl. No.	Particulars	Compensation awarded by the tribunal	Compensation re- determined by this court
1.	Towards pain and suffering	Rs.30,000/-	Rs.40,000/-
2.	Attendant charges	Rs.625/-	Rs.5,000/-
3.	Loss of income during laid up period	Rs.750/-	Rs.14,000/-
4.	Food, diet and nutrition	Rs. 750/-	Rs.5,000/-
5.	Medical expenses	Rs.1,14,000/-	Rs.1,14,000/-
6.	Loss of future income due to disability	Rs.97,200/-	Rs.1,51,200/-
4.	Conveyance and incidental charges	Rs.9,000/-	Rs.9,000/-
5.	Loss of Discomfort and amenities of life	Rs.15,000/-	Rs.15,000/-
6.	Future Medical Expenses	Rs.25,000	Rs.25,000
7.	Loss of future prospectsin life	Rs.15,000	Rs.15,000
	Total	Rs. 3,07,325/- rounded off to Rs.3,07,400/-	Rs.3,93,200/-

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In all, the appellant is entitled for an

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enhanced compensation of Rs.85,800/- with interest at

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6% per annum from the date of petition till the date of realization. Accordingly, I pass the following:

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ORDER

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(i) The appeal is partly allowed;

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(ii) The impugned judgment and award passed by Motor Accident Claims Tribunal, XX Addl. Small Causes Judge, Bangalore, having been modified, the petitioner is entitled for a total compensation of Rs.3,93,200/- (Rupees Three Lakhs Ninety Three Thousand Ttwo Hundred only), as against Rs.3,07,400/awarded by the Tribunal. The enhanced compensation shall carry interest at 6% per annum from the date of petition till the date of realizaiton.

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(iii) The 2^nd respondent-insurance company shall deposit the compensation amount within six weeks from the date of receipt of a certified copy of this order.

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(iv) Rest of the order passed by the tribunal is kept in tact.

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(v) Costs made easy.

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(vi) Sent back the records to the tribunal.

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Sd/-

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JUDGE

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JS/-

Sri M Manjunath v. Sri Ramachandiran S

Case brief

What is this about?

What did the court decide?

What the court decided

Sri M Manjunath v. Sri Ramachandiran S

Case brief

What is this about?

What did the court decide?

What the court decided

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